ifb - washington · web viewin compliance with rcw 49.28, contractor agrees that no worker,...

Invitation for Bid 02915Equipment RentalThe Washington State Department of Enterprise Services (DES), issues this Invitation for bid (IFB) under the authority of the Revised Code of Washington (RCW) 39.26. DES reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this IFB. This is a reposting of 02414 with revised terms and conditions.Posting date...........................April 30, 2015

Complaint period....................April 30, 2015 – June 5, 2015

Optional Pre-bid conference. .May 27, 2015 at 1:30 pm1500 Jefferson St. SE, Room 1213Olympia, WADirections/Parking: LocationsFor planning purposes an RSVP will be appreciated.

To join the audio conference only:Call-in toll-free number (US/Canada): 1-877-668-4490Access code: 570 897 853To attend the optional Pre-Bid Meeting online you must also call in and then click on the link:Go to https://wadis.webex.com/wadis/j.php?MTID=m004b810f3b93bd22787f5003cefc1d45 Enter your name and email address.Enter the meeting password: CLarson1Click "Join Now".

Bids are due.........................June 10, 2015, 2 pm

Anticipated award date..........August, 2015

Procurement coordinator.......Corey A. Larson(360) 407-9407

[email protected]

Deliver bids to........................Washington State Department of Enterprise Services1500 Jefferson St. SEOlympia, WA 98501Attention: Bid Clerk

IMPORTANT: Bids must be delivered in a sealed package and should have the following information outside:

IFB number Bid due date and time Procurement coordinator’s name Name and address of bidder’s company

NOTE: Responses may not be submitted by facsimile transmission or electronically.

mailto:[email protected]

https://wadis.webex.com/wadis/j.php?MTID=m004b810f3b93bd22787f5003cefc1d45

http://des.wa.gov/about/AboutDES/Pages/LocationsDirections.aspx#1500Jefferson

http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26

Invitation for Bid 02915Equipment Rental

CONTENTSSUMMARY OF OPPORTUNITY4

1.1 Purpose.......................................................................................................................................... 41.2 Purchasers...................................................................................................................................... 41.3 Contract term.................................................................................................................................. 41.4 Estimated usage............................................................................................................................. 5

IFB OVERVIEW 52.1. Announcement and special information..........................................................................................52.2. Complaint, debrief and protest (general information)......................................................................52.3. Washington’s Electronic Business Solution (WEBS)......................................................................62.4. Amendments................................................................................................................................... 62.5. Bidder communication responsibilities............................................................................................62.6. Bidder responsiveness.................................................................................................................... 72.7. Pricing............................................................................................................................................. 72.8. Non-endorsement and publicity......................................................................................................72.9. No costs or charges........................................................................................................................ 82.10. Economic and environmental goals................................................................................................8

PREPARATION OF BIDS 83.1. Pre-bid meeting.............................................................................................................................. 83.2. Bid submittals checklist................................................................................................................... 93.3. Format.......................................................................................................................................... 103.4. Electronic copies........................................................................................................................... 103.5. Due date and time........................................................................................................................ 103.6. Bid opening................................................................................................................................... 10

EVALUATION AND AWARD 114.1. General provisions........................................................................................................................114.2. Determination of responsiveness..................................................................................................114.3. Determination of responsibility......................................................................................................124.4. Price evaluation............................................................................................................................ 124.5. Rental Periods.............................................................................................................................. 124.6. Technical specifications evaluation...............................................................................................134.7. Selection of Apparent Successful Bidder......................................................................................134.8. Announcement of Apparent Successful Bidder.............................................................................144.9. Award............................................................................................................................................ 144.10. Bid information availability after award..........................................................................................14

CONTRACT INFORMATION 145.1. Incorporated documents and order of precedence.......................................................................145.2. Parties........................................................................................................................................... 155.3. Authority to bind............................................................................................................................ 155.4. Counterparts................................................................................................................................. 15

APPENDICES 16Appendix A: Master Contract Terms and Conditions.............................................................................16Appendix B: Special Terms and Conditions..........................................................................................16Appendix C: Categories and Price Worksheets (Submittal)..................................................................16Appendix D: Bidder Profile (Submittal)..................................................................................................16Appendix E: Complaint, Debrief and Protest Procedures......................................................................16Appendix F: Procurement Reform Small Business Fact Sheet.............................................................16

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CERTIFICATIONS AND ASSURANCES 17BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGES 18

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SUMMARY OF OPPORTUNITY

1.1 PurposeThe purpose of this Invitation for Bid (IFB) is to establish a statewide master contract for “as-needed/as-available” Equipment Rental without operator. This contract will consist of multiple categories for the most commonly used rental equipment utilized by state government. The Department of Enterprise Services (DES) intends to award to multiple vendors statewide on a regional basis to enable authorized users to obtain equipment as needed. Further, customers will be able to rent anything in a contractor’s inventory through this contract that is not included in any category listed within this contract. All responses will be evaluated for bid compliance, cost for comparable goods and if

accepted, will be listed on the resulting contract. Each user agency will have the option of utilizing the equipment vendor(s) who best

meet the needs of that particular agency; based upon location, cost, availability, and type of equipment available.

Additional categories and / or entire segments may be added as warranted.

1.2 PurchasersThis contract will be available for use by all Washington state agencies and authorized parties to the Master Contracts Usage Agreement (MCUA), including institutions of higher education, cities and counties, other political subdivisions or special districts, and nonprofit corporations. Their orders are subject to the same contract terms, conditions and pricing as state agencies.The contract will also be available for use by the Oregon Cooperative Purchasing Program (ORCPP) based on the contractor’s acceptance.While use of the contract is optional for political subdivisions and nonprofit corporations authorized by the MCUA and ORCPP, these entities’ use of the contracts can significantly increase the purchase volume. DES accepts no responsibility for orders or payment by MCUA or ORCPP members.

MCUA members: https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx

ORCPP members: http://www.oregon.gov/DAS/EGS/ps/ORCPP/orcppMemberList.pdf

1.3 Contract termThe initial term of the contract is one (1) year from award of the contract, with the option to extend for additional term(s) or portions thereof. Extensions will be exercised at the sole discretion of DES upon written mutual agreement. The total contract term, including the initial term and all extensions, will not exceed eight (8) years unless circumstances require a special extension. DES reserves the right to extend with all or some of the contractors.

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http://www.oregon.gov/DAS/EGS/ps/ORCPP/orcppMemberList.pdf

https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx

http://www.des.wa.gov/services/ContractingPurchasing/Purchasing/Pages/MasterContractsUsageAgreement.aspx


1.4 Estimated usageBased on past usage, rental purchases over the initial one-year term of the contract could approximate $4,000,000.00. DES does not represent or guarantee any minimum purchase.

IFB OVERVIEW

2.1. Announcement and special information

The IFB, its appendices, attachments, amendments and any incorporated documents will comprise the entire IFB which will become the resulting contract between DES and the awarded contractor(s) when it is countersigned by DES.By responding to this IFB, a bidder acknowledges having read and understood the entire IFB and accepts all information contained within the IFB without modification.NOTE: The Master Contrac t Terms and Conditions , which is an appendix to this IFB, contains general provisions and terms for solicitations issued by DES.Should a term within the Master Contract Terms and Conditions conflict with a term elsewhere in the IFB, the IFB will prevail.

2.2. Complaint, debrief and protest (general information)

NOTE: See also Appendix E, Complaint, Debrief and Protest Procedures, located in the Appendices section below.

Complaint: This solicitation offers a complaint period for bidders wishing to voice objections to this solicitation. The complaint period ends five business days before the bid due date. The complaint period is an opportunity for the bidder to voice objections, raise concerns or suggest changes. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. DES will consider all complaints but is not required to adopt a complaint, in part or full. If bidder complaints result in changes to the IFB, written amendments will be issued and posted on WEBS.

Complaints must be sent to the Procurement Coordinator located on the face page of this document.

Debrief: Debrief meetings are an opportunity for the bidder and the Procurement Coordinator to meet and discuss the bidder’s bid. A debrief is a required prerequisite for a bidder wishing to lodge a protest. Following the evaluation of the bids, DES will issue an announcement of the Apparent Successful bidder (ASB). That announcement may be made by any means, but DES will likely use email to the bidder’s email address provided in the bidder’s bid. Bidders will have three business days to request a debrief meeting. Once a debrief meeting is requested, DES will offer the requesting bidder one meeting opportunity and notify the bidder of the debrief meeting place, date and time. Please note, because the debrief process must occur before making an award, DES will likely schedule the debrief meeting shortly following the announcement of the ASB and the bidder’s request for a debrief meeting. DES will not allow the debrief process to delay the award or be used as a delaying tactic.

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Therefore, bidders should plan for contingencies and alternate representatives; bidders unwilling or unable to attend the debrief meeting will lose the opportunity to protest.

Protest: Bidders wishing to protest must do so in conformity with Appendix EA, Complaint, Debrief and Protest Procedures.

2.3. Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for: Properly registering with Washington’s Electronic Business Solution (WEBS) at

https://fortress.wa.gov/ga/webs/, and maintaining an accurate vendor profile in WEBS.

Downloading the IFB packet consisting of the IFB, all appendices, and incorporated documents related to the IFB for which you are interested in bidding.

Downloading all current and subsequent amendments to the IFB to ensure receipt of all IFB documents.

Notification of amendments to the IFB will only be provided to those vendors who have registered with WEBS and have downloaded the IFB from WEBS.

Failure to do so may result in a bidder having incomplete, inaccurate, or otherwise inadequate information and bid.

2.4. Amendments

Prior to the bid due date and time, DES reserves the right to change portions of this IFB. Any change will be issued in writing by DES as an amendment and incorporated into the IFB. If there is any conflict between amendments, or between an amendment and the IFB, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original IFB directly via WEBS will receive notification of amendments and other correspondence pertinent to the procurement.

2.5. Bidder communication responsibilities

During the IFB process, all bidder communications about this IFB must be directed to the Procurement Coordinator. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral and written communications will be considered unofficial and non-binding on DES. Bidders should rely only on written amendments issued by the Procurement Coordinator.Bidders are encouraged to make any inquiry as early in the process as possible to allow DES to consider and respond; however, no response is required from the Procurement Coordinator.If a bidder does not notify DES of an issue, exception, addition, or omission, DES may consider the matter waived by the bidder for protest purposes.

If bidder inquiries result in changes to the IFB, written amendments will be issued and posted on WEBS.

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https://fortress.wa.gov/ga/webs/


2.6. Bidder responsiveness

Bidders are to respond to each question or requirement contained in this IFB. Failure to comply with any applicable item may result in a bid being deemed non-responsive and disqualified.

DES reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this IFB and to waive informalities in a bid.

An informality is an immaterial variation from the exact requirements of the competitive IFB, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

2.7. Pricing

Bid prices are FOB Origin meaning that the price is for customers who pick up equipment from the contractor’s location. Bid prices must include any percentage discounts. If delivery is required by the customer, the costs for delivery must be negotiated between the customer and the contractor on a case by case basis.

For evaluation purposes bid prices must include all of the necessary fees associated with equipment rental with the exception of transportation costs (delivery) only.

For large equipment requiring attachments to operate including but not limited to excavators and backhoes, the price must include a standard bucket. Customers may negotiate costs for some other variation of implements or attachments at the time of rental.

Failure to identify all costs in a manner consistent with the instructions in this IFB is sufficient grounds for disqualification.

The proposed pricing levels should reflect the market provided by the contract resulting from this IFB.

NOTE: Pricing provided in Appendix C, Categories and Price Work Sheets are to be rounded to the nearest whole cent. For evaluation purposes only, any pricing submitted in portions of whole cents will be rounded into whole cents utilizing the MS Excel “round” function as shown in the extended price calculation.

Also, when listing the equipment’s description please do not provide a range when listing sizes or ratings, i.e. 2000 – 5000 gallons or, 20 - 50 hp.

2.8. Non-endorsement and publicity

In selecting bidders to supply rental services specified herein to contract purchasers, neither DES nor the purchasers are endorsing the bidder’s services, nor suggesting they are the best or only solution to their needs.

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2.9. No costs or charges

Costs or charges incurred before a contract is fully executed will be the sole responsibility of the bidder

2.10. Economic and environmental goals

In support of the state’s economic and environmental goals, although not an award factor (unless otherwise specified herein), bidders are encouraged to consider the following in responding to this IFB:

Support for a diverse supplier pool, including small, veteran-owned, minority-owned and women-owned business enterprises. DES has established for this IFB voluntary numerical goals of:

3 percent women-owned businesses (WBE); 3 percent minority-owned businesses (MBE); 3 percent small businesses (SB); 3 percent veteran-owned businesses (VB).

Achievement of these goals is encouraged whether directly or through subcontractors. Bidders may contact the Office of Minority and Women’s Business Enterprises for information on certified firms or to become certified. Also see Appendix F Procurement Reform Small Business Fact Sheet.

Use of environmentally preferable goods and services to include post-consumer waste and recycled content.

Products made or grown in Washington.

PREPARATION OF BIDS

3.1. Pre-bid meeting

DES will host a pre-bid meeting to address IFB requirements at the time and location indicated on the cover page. While attendance is not mandatory, bidders are encouraged to attend and participate. The purpose of the pre-bid meeting is to clarify the IFB as needed and raise any issues or concerns, especially those of the vendor community. If interpretations, specifications, or other changes to the IFB are required as a result of the meeting, the Procurement Coordinator will post an amendment to WEBS.

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http://www.omwbe.wa.gov/


3.2. Bid submittals checklist

The following checklist identifies the hard-copy submittals which will comprise a bid. Any bid received without a hard copy item identified in this checklist and designated as REQUIRED will be rejected as being non-responsive. Please identify each page of the submittals and any supplemental materials with your company name or other identifiable company mark.

Signature (REQUIRED): Complete as instructed and return a signed original of the Bidder’s Authorized Offer.

A copy of a current Washington State Master Business License (REQUIRED). See Appendix B, Section 8.

Discount Percentage Worksheets (REQUIRED): Complete as instructed and return copies of the Appendix C, Categories and Price Work sheets. Failure to complete this submittal as instructed may result in a bid being rejected for lack of responsiveness.

Bidder Profile (REQUIRED): Complete as instructed and return a copy of the Bidder Profile Appendix D.

Published Price List (REQUIRED): Bidders are to provide a hard copy and an electronic copy of their Published Price List.

References (REQUIRED). See Appendix D.

A separate attachment describing how to record and report Purchasing Card sales. See Appendix B, section 17.

A separate attachment describing how to: Establish New Customer Accounts and who is authorized to do so. See Appendix B, section 18.

A separate attachment describing Invoicing Procedures. See Appendix B, section 19.

IFB amendments (AS INSTRUCTED): If instructed to do so in any amendment to this IFB, sign and return a copy. Failure to sign and return any required amendments to this IFB may result in a bid being rejected for lack of responsiveness. When in doubt, sign and return a copy of all IFB amendments.

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3.3. Format

Bidders should provide one hard-copy bid. Bids must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the bidder. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.

Note: In a joint effort to save costs, reduce waste and save energy, bidders are encouraged to use double-sided printing and recyclable materials. Bidders are encouraged to refrain from submitting bids in three-ring binders, spiral bindings or other non-recyclable presentation folders.

3.4. Electronic copies

Please include an electronic copy of all hard copy submittals on CD or USB flash drive. DES prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a signature. For submittals with written information or copies of other documents such as licenses, please submit as a .pdf. Should a hard copy and an electronic copy conflict, the hard copy will prevail. Failure to provide an electronic copy may be cause for rejection.

3.5. Due date and time

Bid packages must be received on or before the due date and time at the location specified on the cover page. Time of receipt will be determined by the official time stamp located at DES.

If a bid is late or received at a location other than that specified it will be rejected. In the event the official time clock is unavailable, the Bid Clerk will establish the official time and take reasonable steps to ensure the integrity of the bid receipt is preserved.

3.6. Bid opening

After the bid due date and time, the Bid Clerk will open and process sealed bids protecting the confidentiality of the contents. Bid contents will not be available for public view until after announcement of the apparent successful bidder (RCW 39.26.030).

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http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.030


EVALUATION AND AWARD

4.1. General provisions

Bidder responsiveness, responsibility and price factors will be evaluated based on the evaluation process described in this section.

Contract award will be based on the evaluation and award criteria established herein and will be subject to consideration of all factors identified in RCW 39.26 and other criteria identified in the IFB.

Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for rejection.

After bids have been submitted, DES may require individual bidders to appear at a time and place determined by DES to discuss contract requirements. Any such meeting should not be construed as negotiations or an indication of DES’s intention to award.

DES reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Accept any portion of the items bid unless the bidder stipulates all or nothing in their bid; (4) Cancel an IFB and re-solicit bids; (5) Negotiate with the lowest responsive and responsible bidder to determine if that bid can be improved for the purchaser.

Preferences and penalties: Preferences and penalties that are required by law, rule, or IFB will be applied to bid pricing. Some preferences and penalties may be added by contract language and could be applied to bid pricing. A preference reduces the bidder’s stated price by the amount of the preference and is an advantage to the bidder. A penalty increases the bidder’s stated price by the amount of the penalty and is a disadvantage to the bidder. Preferences and penalties are applied to the pricing for evaluation purposes only but are not applied for purchasing purposes.

References: DES reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products, service, industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible. DES reserves the right to waive the reference check.

4.2. Determination of responsiveness

Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

DES reserves the right to determine at its sole discretion whether a bidder’s response to a minimum IFB requirement is sufficient to pass. However, if all bidders fail to meet any single IFB requirement, DES may reject all bids and cancel the IFB or waive the requirement from the IFB’s criteria for responsiveness.

Responsive bids will be further evaluated based on the requirements in this IFB.

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http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26


4.3. Determination of responsibility

During evaluation, DES reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary. Failure to respond to these requests may result in a bid being rejected as non-responsive.

References. DES requires six (6) References, but will only evaluate three (3) of them on a Pass/Fail basis using the Reference Questions listed in Appendix D, Bidder Profile. Responses not meeting the Pass/Fail criteria will be determined to be not responsible and may be rejected.

4.4. Price evaluation

Bidder’s price evaluations will be made by evaluating each bidder’s discounted pricing in Appendix C, Categories and Price Work Sheets for each category.

Many of the price worksheets require additional information to aid in the evaluation of like equipment within each category.

Bid pricing will be evaluated by a formula which combines the daily cost, the weekly cost and the monthly cost of equipment using the following format:

Item cost per day x 10% plus Item cost per week x 40% plus Item cost per month x 50% equals the cost per item.

Pricing for multiple items bid within each category will then be combined using the weighted formula above divided by 3 to produce an average cost for each category.

Bidders are encouraged but not required to provide pricing for options and accessories for equipment identified within a category. Pricing may be reviewed for price reasonableness but will not be evaluated as part of award.

4.5. Rental Periods

For the purposes of this contract the rental time periods are defined as follows:

Day = 24 hours (Rental rate is based on eight hours)

Week = 7 consecutive days (includes Saturday and Sunday rental rate based on 40 hours)

Month = 4 weeks (rental rate based on 160 hours)

Contractors must offer authorized users of this contract a prorating program. If an established program is not currently offered it is expected that the contractor will use the following model to extend prorated pricing to the state.

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Prorate example:

Day Week Month

Rates $400 $1,200 $3,600

Once the weekly rate is achieved, all further billing will be billed at 1/7th of the weekly rate up to the monthly rate.

$1,200 divided by 7 is the prorated daily rate of $171.43 up to the monthly rate.

Once the monthly rate is achieved, all further billing will be billed at 1/28th of the monthly rate until the equipment is returned or called in for pick-up.

$3,600 divided by 28 is the prorated daily rate of $128.57.

4.6. Technical specifications evaluation

DES reserves the right to request that the apparent successful bidder document that its product or service meets the requirements of the various equipment categories in Appendix C, Categories and Price Work Sheets. The determination may be made at the recommendation of a stakeholder group. Failure to fulfill this request within 10 business days of the request may be cause for rejection.

4.7. Selection of Apparent Successful Bidder

The responsive and responsible bidder that meets all of the IFB requirements and has the lowest price evaluation total per category as calculated in Appendix C, Categories and Price Work Sheets, will be the Apparent Successful Bidder (ASB) for that category.

The state intends to award to multiple vendors per category. Once ASB has been determined per category, the state may award up to nine (9) additional bids for a total of ten (10) awards within the category in successive order based on bid pricing per category. The state anticipates that there will be no more than 10 awarded vendors within each category depending on Regional availability.

Before award, DES may negotiate with an ASB to determine if a bid can be improved.

Designation as an ASB does not imply that DES will issue an award to your firm. It merely suggests that at this moment in time, DES believes your bid to be responsive. This designation allows DES to perform a responsibility analysis and ask for additional documentation. DES may also re-examine the bid to determine whether the bid is truly as responsive as initially believed. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.

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4.8. Announcement of Apparent Successful Bidder

Following the announcement of the Apparent Successful Bidders, bidders may request a debrief conference. See also Section 2.2 – Complaints, Debriefs and Protests (General Information) and Appendix E – Complaint, Debrief and Protest Procedures. Failure to follow instructions could result in your claim being denied.

4.9. Award

It is the intent to award this contract based on the lowest cost of up to ten (10) vendors per equipment category to the State of Washington from the prices submitted in Appendix C, Categories and Price Work Sheets on an item basis within each Category. Consideration will only be given to cost as outlined in this bid document. See also Section 4.4. Price Evaluation.

An award, in part or full, is made and a contract formed by signature of DES and awarded bidder on the Authorized Offer and Contract Signature page. In some circumstances, DES may include an award letter which further defines the award and is included by reference to accompany the signature page.

Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification.

4.10. Bid information availability after award

After the announcement of the apparent successful bidder, bidders may see results of the IFB evaluation. Bidders may also schedule an appointment to review the bidding process.

CONTRACT INFORMATION5.1. Incorporated documents and order of precedence

A bid submitted to this IFB is an offer to contract with DES. A bid becomes a contract only when awarded and accepted by signature of DES and bidder on the Authorized Offer and Contract Signature page. The documents listed below are, by this reference, incorporated into a contract resulting from this IFB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a. The IFBb. The awarded vendor’s bid (accepted portions)c. All appendicesd. IFB amendments (if any)e. Award letter (if any)

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a. Applicable federal and state of Washington statutes and regulationsb. Mutually agreed written amendments to the resulting contractc. The contract, including all documents incorporated in the subsection immediately

above.

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Conflict: To the extent possible, the terms of the contract must be read consistently and in its entirety.Conformity: If any provision of the contract violates any federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

5.2. PartiesThis contract is entered into by and between the state of Washington, acting by and through DES, and the awarded contractor with the parties more fully described on the Authorized Offer and Contract Signature page.

5.3. Authority to bindThe signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

5.4. CounterpartsThis contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

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APPENDICESReminder: By responding to this IFB, a bidder acknowledges reading, understanding, and accepting all information contained within the entire IFB without modification.

Appendix A: Master Contract Terms and Conditions

Appendix B: Special Terms and Conditions

Appendix C: Categories and Price Worksheets (Submittal)

Appendix D: Bidder Profile (Submittal)

Appendix E: Complaint, Debrief and Protest Procedures

Appendix F: Procurement Reform Small Business Fact Sheet

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CERTIFICATIONS AND ASSURANCES

We make the following Certifications and Assurances as a required element of submitting this bid, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the IFB are conditions precedent to the award or continuation of the resulting contract.

1. We have read, understand, and agree to abide by all information contained in the IFB, all appendices, and incorporated documents.

2. The prices in this bid have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before contract award unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a bid.

3. The attached bid is a firm offer for a period of 90 days following the bid due date specified in the IFB, and it may be accepted by DES without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our bid will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this bid, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's IFB, or prospective contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this bid (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the state will not reimburse us for any costs incurred in the preparation of this bid. All bids become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the bid. Submittal of the attached bid constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the IFB.

6. We understand that any contract awarded as a result of this bid will incorporate all IFB requirements. Submittal of a bid and execution of this Certifications and Assurances document certify our willingness to comply with the contract terms and conditions appearing in the IFB, all appendices, and incorporated documents if selected as a contractor. It is further understood that our standard contract will not be allowed as a replacement for the terms and conditions appearing in the IFB, all appendices, and incorporated documents of this IFB.

7. By submitting this bid, bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this IFB.

8. We are not submitting any exceptions.

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BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGES

In submitting this bid, the authorized signatory below acknowledges having read and understood the entire IFB and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions, as written, including the Certifications and Assurances. The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This contract is effective as of ________, 2015, or date of last signature, whichever is later.

Contract 02915, Equipment Rental

APPROVED (MCC) APPROVED (BIDDER)Department of Enterprise Services1500 Jefferson Street SEOlympia, WA 98501Washington State Department of Enterprise Services Bidder’s Company Name & Address

Signature Date Signature Date

Corey A. Larson, Procurement Coordinator Typed or Printed Name, Title Typed or Printed Name, Title

Manager Signature (if applicable) Date

Cheral Jones, ManagerManager’s Typed or Printed Name, Title

Contact Information Contact InformationContact: Corey A. Larson

Contact:

Title: Procurement Coordinator Title:

Phone: (360) 407-9407 Phone:

Fax: (360) 586-2426 Fax:

Email: [email protected] Email:

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AWARDED REGIONS

DES Use OnlyDES reserves the right to make single and multiple awards within regions and to award all-or nothing, aggregate or by categories or sub-categories.Summary of Award:

Northwest SouthwestNorth Central South CentralOlympic EasternThe Award is further identified / detailed in DES’s formal Award Letter to the Apparent Successful Bidder dated __________ 2015 and is incorporated by reference.

Categories Awarded (check)1-A 1-B 1-C 1-D 1-E 1-F 1-G 2-A 3-A 3-B 4-A

5-A 6-A 7-A 8-A 8-B 9-A 9-B 9-C 10-A

11-A 11-B 11-C 12-A 12-B 12-C 13-A 13-B 13-C 13-D 13-E

14-A 14-B 15-A 16-A 16-B 16-C 16-D 16-E 17-A 18-A

19-A 20-A 20-B 20-C 21-A 21-B 22-A 23-A 23-B 23-C

24-A 24-B 24-C 24-D 25-A 25-B 25-C 25-D 25-E 25-F 25-G 25-H 25-I

25-J 25-K 25-L 26-A 27-A 27-B 27-C 27-D 27-E 27-F 28-A 28-B

28-C 28-D 28-E 28-F 28-G 28-H 28-I 29-A 30-A 30-B 31-A

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